New lease accounting rules will revise how all businesses account for property. Here's how to best prepare for the changes.

Vivian Mumaw, Global Leader, Lease Administration, Jones Lang LaSalle

Winter 2011

A long-anticipated draft of proposed lease accounting changes was released on August 17, 2010 by the U.S. Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB). By now, most corporate real estate (CRE) executives know of the new paradigm for lease accounting and the impact of putting all leases on the balance sheet. The reality of the proposal is now shifting the focus to potential changes in leasing strategy and practices, as well as meeting requirements for future lease administration.

The draft, known as the Exposure Draft, is the latest step in a lengthy process to require capitalization of all real estate and equipment leases on balance sheets by recognizing the rights and obligations of lessees. Although a 120-day period of public comment follows the Exposure Draft's release, the regulation's core elements will probably not change. A final standard is expected to be issued in mid-2011, with an effective date yet to be determined, but likely no sooner than January 1, 2013.

The perceived lack of transparency regarding off-balance sheet obligations and the complexity of current lease accounting are driving pressure to revamp the three-decades-old leasing standard.

Today, businesses choose from two methods to classify leases: operating or capital leases. Under the new approach, organizations will recognize a liability for obligations to pay rent and a corresponding asset representing the right to use the underlying leased property.
Placing the full lease obligation on the balance sheet - and the resulting negative drag on corporate earnings - will dramatically affect companies' perceived financial performance. Changes in financial reporting will be daunting and cumbersome, as companies must capture new data to support the capitalization of obligations based on internal evaluation of occupancy practices and property use, then regularly re-evaluate those assumptions and adjust income statements and balance sheets accordingly.

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How Will Companies Respond?
It's still unknown how companies will react and how significantly they will alter the use of leases and desired lease terms. Companies may react by seeking shorter-term leases or favoring ownership if property use goes on the balance sheet anyway. The changes will certainly push companies to articulate and validate the reasons for leasing, such as flexibility in occupancy and preservation of capital for core business activities.

Given the principles-based approach of the new leasing standard, certain transactions, such as sale-lease backs and build-to-suit arrangements, could be easier to execute. Most importantly, they may be achieved with better economic terms for tenants and better suited to their true business objectives. While the standard setters' concerns about financial engineering of leases frame much of the new approach, these transactions may better align with corporate goals.

The new standard will disproportionately affect business sectors that rely heavily on real estate to generate revenue. Obvious industry candidates are retail, but commercial banking, with its substantial customer service operations, will also see effects. Retailers operating on notoriously thin margins will see net margins erode substantially. The reported increase in occupancy expense for retailers will be exacerbated by a potential tendency to capitalize renewal periods and recognize higher rents under percentage sale arrangements.
Although the transition date has not been released, the sweeping changes in financial reporting will prompt companies to begin planning their adaptations immediately. The immediate demands will be to:

• Assess the suitability of existing lease administration and reporting systems to accommodate the new accounting requirements;
• Plan for enhancement of lease abstracts and processes for additional data capture for existing leases; and
• Create standards for assessment of obligations for lease term, net lease expenses, and contingent rent that will survive audit review.

Vivian Mumaw, Global Leader, Lease Administration, Jones Lang LaSalle

Within her 20-year tenure at Jones Lang LaSalle, Vivian Mumaw has served in a number of progressive financial and operational roles, including the Chief Financial Officer for the America’s region and Chief Operating Officer of the Project and Development Services business in the Americas. In her previous role as Director of Product Development and Innovation for the Corporate Solutions business, she fostered continuous improvement across the firm’s capabilities, leveraging the innovations and best practices created on client service teams, integrating services and innovations across the platform and building efficiencies through shared processes and technology. Mumaw earned an MBA from The Kellogg School of Management, a Bachelor of Science in Business Administration from The Ohio State University and has her CPA.

Mindy Berman serves the firm’s corporate and investor clients by developing and executing financial strategies for their occupancy, investment, and capital requirements related to real estate, assisting them in the analysis and evaluation of deal structures to help meet their economic and financial reporting objectives. Berman has 30 years of corporate finance experience structuring and arranging financing for the fixed assets of major corporations to meet their economic, financial, operational, tax, and financial reporting objectives. Berman earned an MBA from the Boston University Graduate School of Management and a BA from Brandeis University.